crow V Barclays **WON**

[crowe]

OK, some help needed please.

 

I recieved my defence paper and AQ today. There were a few dodgy things on the Barclays defence and I wonder if any of you can shed any light on them:

 

1. The particulars of the claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on his account for unauthorized borrowings (whether unpaid fee for returned cheques, “paid referral fees” or any other such fees) the defendant puts the claimant to strict proof of each charge and the date thereof.

I sent both MCOL and Barclays (on at least 2 occasions) the schedule, so dont understand this one.

2. The particulars of claim are summary in nature. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

We are only given a few hundred words to file the claim, so this seems a bit odd.

10. the defendant denies that it is liable to the claimant…in the alternative (which is denied) the said charges are unenforceable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 8 February 2001 are not recoverable because they are time barred…

 

I am claiming from 2/1/2001 as this is when I sent my first letter - why would they dispute this?

 

I would like to know if this is usual tactics from barclays or if I have made a balls up along the way somewhere. Has anyone got any suggestions?

 

Many thanks.

[dickeggsy]

that's just the standard defence , the same as the one we all get.

nothing to worry about.

when i phoned the bank today to explain that they hadn't submitted a defence as per the judges directions i was told , and i quote

''a defence to the claim was entered on jan 10th''.

that was the tosh that you have recieved.

have a quick look at the last page of my thread ''here we go but a little help please'' a bit below this or even read the whole thing it's only three pages long.

good luck.

[crowe]

Many thanks dickeggsy!

 

although...

 

Having just read your thread I see i have forgotten to take the advice of an earlier poster and send a copy of my schedule to the banks solicitors when the claim was acknowleged. Can I now send it in and do I just send it to the normal address?

 

By the way - well done dickeggsy on your success.

[dickeggsy]

i just sent them an updated schedule every time i sent them a letter to keep em on their toes.

thanks for that have a read of my thread (last page) and be prepared for a long wait.

you will get your money.

[TANZARELLI]

All very standard.

 

I had 7 charges outside what they claimed were the 6 years. They usually go from the date of filing.

 

However they paid me mine. I did send a letter to them clarifying their defence and also one quoting section 32 of the Limitation Act.

[crowe]

Am just about to fill out myAQ and have been looking at both old and new AQ advice. I have to admit I am a bit worried about the new strategy and am thinking of plumping for the 'safe' (?) way. Am I really shooting myself in the foot by doing this or just saving myself a headache later - any thoughts from those in the know?

 

Also, my Barclays defence is an 11 pointer, and am still worried that everyone elses seems to be 10 point. Is this unheard of or just new policy. The only additional seems to be about 'the particulars of the claim are summary in nature...' so more reassurance everything is a-ok (or other thoughts) would be welcome.

 

There is something about this process that is making me feel disempowered (i have stood for parliament so I would like to think I have the minerals). I do hope something happens soon to simplify the process, it is simply unfair to the millions of people who cany get this far.

[TANZARELLI]

JUst keep going, complete the AQ send it with any fee up to 1500 no fee all others 100 quid.

 

You'll then be given a court date and prior to this they will settle.

 

And just remember this they want you to feel like this its the only bit of a fight they can put up.

 

You will win in the end.

 

Tanz

[crowe]

Interesting...

Dropped my AQ at local court office (Banbury) and was informed that judges are putting all claims together at the main Oxford County Court (i.e. 100 claims in a 1 hour block) to save court time. Anyone else heard anything like this going on? Could it be soon they will automatically make banks pay up if the claim is strong at this stage?

[crowe]

Just spoke to the court. I have been giving half an hour on the 7th August at 10am. the lady said it was a small claims track. Is this good? Bad? Can I try and phone Barclays for a settlement yet?

 

Any thoughts very appreciated as this is really dragging on now...

[crowe]

Anyone?

 

Having read other recent posts the norm seems to be that they will pay up a couple of weeks before the court date but I was expecting to be put in for a fast track - was I way off with this?

[dar£n]

Crowe, you can always try, but my guess is they will say they are too busy settling claims that are iminent and advise you to call back last week in July.

 

sorry I know thats not what you wanted to hear

[crowe]

Stuff it, I am going to give it a go. Can anyone advise me of the best person and phone number to try to make a settlement.

 

Many thanks.

[dickeggsy]

try this number and just ask to speak to whoever is dealing with your claim.

020 7116 5634

good luck

[crowe]

OK, court date getting close (early August), want to get my court bundle sent off this week and want to check I have everything in it. Any thoughts welcome. I have included,

 

- Standard CAG bundle

- My statements (with every charge highlighted)

- Relevant 2001 T and C's for Additions account

- All correspondence

- Latest Schedule

 

Anything else needed? I have not put a covering letter as i am not sure what to write - does anyone have any ideas?

 

Cheers

[saintly_1]

You could include Statment of Evidence as per this thread http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html#post492578

 

Also see what is included in this thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

[crowe]

Thanks for this - very helpful. Does it matter if you refer to the same 'evidence' twice in your bundle. i am thinking of things like the Dunlop Co. thing which is in both the statement of evidence and basic court bundle - should i take things like this out of one of them?

[saintly_1]

It will be ok ........... i really doubt it will be read by anyone anyway ..

[crowe]

Court Bundle? - in the 'correspondence' section, do i put everything, including all the stuff to and from the courts (Acknowledgement of Service, Defence and Counterclaim etc. )? Thanks!

[crowe]

Please can someone help mw with the last Q above and also...

Does anyone know if Barclays informed us of the increase in charges when they went up in 2004 to 25pounds and again in 2006 when they went up to 30pounds.

 

Cheers - help realy appreciated, have to send bundle off tomorrow.

[crowe]

Bump!

[saintly_1]

I would include ALL correspondence ...... i dont remember getting notification that the charges were increasing but i may be wrong

[crowe]

Thank you Saintly 1 - thats are a trooper!

[crowe]

I have recieved a letter from the court basically saying if the claimant or defendant does not comply with the order for directions by the 24th July they will be struck out. This I guess is referring to the court bundle.

 

I have sent mine off, and have a court date of 7 August. Is now a good time to contact Barclays for a settlement? What is the best thing to say to them?

 

Cheers.

[Hewst1]

Watching your claim as have just started with mine. Really useful and good luck with how it goes, you seem to be on top of everything necessary - just hope I keep my head as you appear to have.

[saintly_1]

I would contact the court saying you havent received anything from Barclays ..... and see what they advise